Section 20.8 Generally

• Library: Criminal Practice 2012 Supp

A. (§20.8) Generally

A thorough knowledge of the facts in any given case is critical. Facts have to be considered in the broad context of not only physical actions but also mental processes. Because of the element of mens rea, the mental intent of an individual can determine whether the very same physical act is criminal conduct or innocent behavior. In some instances, the state of mind of the defendant can be used to reduce the degree of an offense.

Much of this depends totally on what the defendant was thinking and the ability to convey those thoughts to the jury within the framework of the rules of evidence. The best source of information as to the defendant’s state of mind is the defendant. It is essential, therefore, that counsel have the confidence of the client and the ability to communicate with the client.

In fixing on the facts, it is a safe rule to be skeptical of what counsel is...